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CASE DISPOSED
Contested--DISMISSED
Decision Date: 15th November 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102249/2019
Registration Date
11 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 09

    Case History / Proceedings

    Case History
    Date: 03-01-2020
    Business: Adv. Mr. Rohan Karande I/b M/s. Divekar and Co. for plaintiff present.
    Adv. for defendant present.
    Adv. for defendant  tendered original Ch/S No. 2249/19. t.o.r.
    Exh- 5 Adv. for plaintiff filed an application to discharge. O- Perused application. The plaintiffs have knowledge of discharge of their advocate. Hence the advocate on record i.e. M/s Divekar and Co. is discharged.
    Adv. for defendant requested for extension for time to serve chamber summons No. 2249/19. Time extended till next date with direction to serve remaining defendant and file report on next date as the suit is pending since 1989.
    Adjd for recording evidence part heard to 24/01/2020.
    Next Purpose: CHAMBER SUMMONS FOR AMENDMENT
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Plaintiff No. 2 (b) is present.
    Adv. Hitendra Gandhi for plaintiff present and filed vakalatnama on behalf of plaintiff. t.o.r.
    Plaintiff No. 2 (b) filed affidavit of service. t.o.r.
    Adjd for recording evidence to 01/02/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Plaintiff No. 1(a) present and filed affidavit in reply to CS No. 249/19. t.o.r
    Adv. Ganesh Lambade for plaintiff No. 2 (b) present.
    Adjd for recording evidence part heard to 14/02/2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: P.O. is on training
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Advocate Ghadigaonkar for plaintiff No. 1B,1C,2A, 2C present.
    He filed two draft Chamber Summons.  Leave is granted to register.  It be returnable on 16/10/2020.
    Matter is adjourned to 16/10/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Plaintiff No. 1 and 2b present.
    Adv.  More , Adv. Gandhi and Mr. Ghadigaonkar for Plaintiff  present.
    Adv. for Plaintiff 2b filed pursis for corection in Roznama. t.o.r.
    Adjd. to 05/02/2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Ghadigoankar for plaintiff no.1a to 1b and 2c present.
    Adv Amod Tilak for plaintiff no. 2b present.
    None for defendant.
    Today matter is for hearing.
    Ex.06   Ld Adv for plaintiff no.2b filed pursis t.o.r. O- Seen.
    He also filed additional affidavit in support of CS no. 2249 of 2019 t.o.r. O-R and R.
    By consent, matter adjd for CS hearing to 02-03-2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Plaintiff no.1 present.
    Adv. Amod Tilak for plaintiff no.2b present.
    Adv. Ghadigoankar for plaintiff no.1b,1c,1d,2c present.
    None for defendant.
    KB L.O. at 4.02 pm
    By consent, matter adjd for CS hearing to 27-04-2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Matter adjd for CS for hearing to 10.07.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: P.O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv. Amod Tilak for plaintiff no.2b present.
    Adv. Hemat Ghadigoankar for remaining plaintiff present.
    None for defendant.
    Heard Ld adv for plaintiff.
    KB for order
    F.R.S.R. following order in Chamber Summons 573 of 2020 in Suit no.15 of 1989 is passed-
    ORDER
    1.  The Chamber Summons no. 573 of 2020 is allowed.
    2.   The delay in bringing the legal heirs of defendant no.2b is condoned and the abatement is set aside.
    3.   The Plaintiff no.1b is at liberty to carry out the amendment in the cause title and the necessary amendment in the Suit till next date.
    4.   No order as to costs.
    F.R.S.R. following order in Chamber Summons 574 of 2020 in Suit no.15 of 1989 is passed-
    ORDER
    1.  The Chamber Summons no. 574 of 2020 is allowed.
    2.   The delay in bringing the legal heirs of plaintiff no.1a is condoned and the abatement is set aside.
    3.   The Plaintiff no.1b is at liberty to carry out the amendment in the cause title and the necessary amendment in the Suit till next date.
    4.   No order as to costs.
    Matter adjd for CS hearing to 28-09-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv Heman Gadigonakar for remaining plaintiff present.
    Adv. Amod Tilak for plaintiff no.2b present.
    None for defendant.
    Heard ld adv for plaintiff no.2b on CS no. 2249 of 2019.
    Ex.07   Written notes of argument of plaintiff no.2b t.o.r. O- Seen.
    Matter adjd for CS hearing of adv for remaining plaintiff to 20-10-2021 at 3.30 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 28-09-2021
    Business: Adv Heman Gadigonakar for remaining plaintiff present.
    Adv. Amod Tilak for plaintiff no.2b present.
    None for defendant.
    Heard ld adv for plaintiff no.2b on CS no. 2249 of 2019.
    Ex.07   Written notes of argument of plaintiff no.2b t.o.r. O- Seen.
    Matter adjd for CS hearing of adv for remaining plaintiff to 20-10-2021 at 3.30 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Hemant Ghadigaonkar for plaintiff No.1(a, b) and 2(c) is present.
    Adv. Amodh Tilak for plaintiff No.2(b) is present.
    None present for defendant.
    Both side argument heard on CS No.2249/19.
    Matter adjd for CS order to 15/11/2021.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 15-11-2021
    
    Date: 20-10-2021
    Business: Adv. Hemant Ghadigaonkar for plaintiff No.1(a, b) and 2(c) is present.
    Adv. Amodh Tilak for plaintiff No.2(b) is present.
    None present for defendant.
    Both side argument heard on CS No.2249/19.
    Matter adjd for CS order to 15/11/2021.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. For plaintiff 2B absent.
    None present for other plaintiffs and defts.
    Plaintiff No.2B present.
    Later on at 03.24 pm.
    Adv. Chandan Singh for plff 1b, 1c, 1d, and 1e and 2a present.
    F.R.S.R. following order in Chamber Summons no.2249 of 2019 in Suit no.15 of 1989 is passed-
    ORDER
    1. Chamber Summons No. 2249 of 2019 is dismissed.
    2. Parties to bear their own costs.
    Matter Adjd for steps on  14/12/2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113809/2019
    Filing Date: 11-12-2019
    First Hearing Date: 03rd January 2020
    Decision Date: 15th November 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Nov 2021

    Order Details: Chamber summons Pdf Text: MHCC010130032019 CNR NO. MHCC010130032019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.2249 OF 2019 IN SUIT NO.15 OF 1989 (HIGH COURT SUIT NO.2920 OF 1989) Sanjeev Hanumant Phalnikar & Ors. ] … Plaintiff V/s. Madhav Dhundiraj Phalnikar & Ors. ] ....Defendants Appearances :- Ld. Adv. Mr. Hemant Ghadigaonkar for plaintiff No.1(a), (b) and 2(c). Ld. Adv. Mr. Amodh Tilak for plaintiff No.2(b). None for defendant. CORAM : HIS HONOUR JUDGE SMT.…

    Read Full Order

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